Wisconsin Statutes
Wis. Stat. § 859.03 (2026)
Continuance of separate action
✓ current as of July 2026
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859.03859.03 Continuance of separate action. If an action is pending against a decedent at the time of his or her death and the action survives, the plaintiff in that action may serve a notice of substitution of party defendant on the personal representative and file proof of service of notice in the court. Filing of proof of service on or before the deadline for filing a claim under s. 859.01 gives the plaintiff the same rights against the estate as the filing of a claim. A judgment in any such action constitutes an adjudication for or against the estate.
859.03 AnnotationWhen disposition of a homestead was ordered in a divorce judgment, the family court and probate court had concurrent jurisdiction and the divorce judgment remained enforceable by the family court. Morrissette v. Morrissette, 99 Wis. 2d 467, 299 N.W.2d 590 (Ct. App. 1980).
Notes of Decisions
Cited in 1
case, 1980–1980 · leading case: Morrissette v. Morrissette Ex Rel. Breunig, 299 N.W.2d 590 (Wis. Ct. App. 1980).
Morrissette v. Morrissette Ex Rel. Breunig, 299 N.W.2d 590 (Wis. Ct. App. 1980). “Sec. 859.03, Stats. If the notice is filed within the same three month period, it operates as a formal claim against the estate.”
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